Securing a future claim plays a key role in ensuring justice in the dynamic world of law, where disputes can take time to resolve. This legal concept allows potential plaintiffs to protect their interests before they have even filed a formal lawsuit.
What is the security of a future claim?
Securing a future claim is a legal measure that allows a court to impose temporary restrictions on the property or actions of a potential defendant. The purpose is to prevent the defendant from disposing of their property or taking actions that would make it difficult or impossible to enforce a potential future court judgment.
When is security for a future claim necessary?
Securing a future claim is particularly important in situations where there is a risk that the defendant will:
- Sell off or hide property: For example, if there are concerns that a debtor will transfer their assets to third parties to avoid paying debts.
- Destroy evidence: If there is a risk that important documents or other evidence will be destroyed or hidden.
- Take actions that would cause irreparable damage: For example, if a construction company is attempting to carry out illegal construction that would damage neighboring properties.
Types of precautionary measures
The court may impose different types of precautionary measures, depending on the specific circumstances of the case:
- Seizure of bank accounts: Blocking of funds in the defendant’s bank accounts.
- Real estate foreclosure: Prohibition on the sale or transfer of real estate.
- Seizure of movable property: Prohibition on the sale or transfer of movable property, such as cars or machinery.
- Other appropriate measures: The court may also impose other measures that are appropriate in the specific case, such as the suspension of certain activities.
Procedure for securing a future claim
To obtain security, the potential claimant must file an application with the court, in which he/she must indicate:
- Individualization of the future claim – by grounds and amount.
- The reasons that require security.
- The necessary security measures.
- The court considers the application in a closed session. The court allows security of the claim if it finds that the claim is admissible, probably well-founded and there is a need for security.
It is consistently accepted in judicial practice to request a cash guarantee in the amount of 10% of the value of the claim.
Conclusion
Securing a future claim is an important tool for protecting the rights and interests of potential claimants. It allows preventing defendants from taking advantage of the time needed to resolve disputes and ensuring that court decisions are effectively enforced.